Recently, I had an argument with a friend. I had shared a blurb on Facebook about the recent Yes-Means-Yes law enacted in California, and he immediately retorted his disgust before I had even refreshed my homepage.
Rather than have a heated public debate, because I’m lazy, I texted him. Aside from his aggressive and personally attacking comments, the gist of our conversation went as follows:
His argument: Yes-Means-Yes laws don’t solve any problems because “they said yes” and “they didn’t say no” are both still hearsay in court. These laws substitute kangaroo courts on college campuses for real reform of the criminal justice system. It’s not realistic to expect long term couples to always explicitly and verbally consent to sex, and it’s not appropriate to impose our choice of how people should consent to sex any more than it would be to impose our choice of what sex they should have.